Coordination of the reconstruction of a non-residential building and facilities requires obtaining a positive expert opinion and permission from the State Construction Supervision Authority. Reconstruction of a real estate property is the most “serious” type of work, since it consists of changing the basic characteristics of a building or part of it, replacing or restoring structures. To carry out such work, it is not enough to have a project, since safety must be checked by an expert organization, Gosstroynadzor.
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Read in the material how to fill out all the documents and obtain permission for reconstruction, what is checked during approval, and what difficulties the owner may encounter.
What is reconstruction
The official definition of “reconstruction” is contained in Art. 1 of the Town Planning Code of the Russian Federation (). This is construction work at the site, which includes:
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- replacement and (or) restoration of load-bearing structures (walls, supports, foundations, floors, etc.);
- change in the initial parameters of a building or part of it, height, area, volume, number of floors.
Reconstruction of a real estate property may include an extension, the addition of new floors, which will entail an increase in volume and area. It is also possible to rebuild the building, after which its main characteristics will change. Reconstruction also includes partial dismantling of floors and parts of the building, when the area, number of floors, and volume are reduced.
Given the potential danger of these works for the safety of the entire structure, it is always necessary to obtain permission for reconstruction. This document is issued within the framework of the state. construction supervision. To confirm the safety of the upcoming work, the owner must order surveys, survey the site, receive a project, and undergo a state or non-state examination with it. Requirements for the approval stages are specified in the Civil Code of the Russian Federation.
Expert commentary. Reconstruction of non-residential premises usually involves work on the entire building or part of it. For example, if, through an extension, it is planned to increase the area of a single room, the general parameters of the building will also change. Therefore, the reconstruction of non-residential premises and buildings is carried out according to one project and permission from the State Construction Supervision Authority.
Reconstruction may include replacement and restoration of load-bearing structures, floor additions, extensions, and other work
Demolition of your half in a semi-detached house
A question has arisen. I'm about to start building, there is a plot of land with a house on it (which celebrated its centenary about ten years ago). The house is divided and stands, respectively, on two plots, but, as can be understood from the picture, it is quite original (the neighbor’s plot and part of their house are shown with a dashed line). All documents for the division of apartments, lands, etc. are available. There is even, so far, verbal consent from the neighbors to demolish their part. Reply from another thread:
You have a good lawyer who promises to force your neighbor to fork out for your desire. The neighbor is satisfied with the 50x50 sheathing, and if you are not there, then at your own expense, on your half, without deteriorating the overall structures. Having sawed off the logs, you will have to place them on some kind of support.
The difference between reconstruction and redevelopment
Reconstruction, redevelopment and redevelopment refer to construction work during which the characteristics of objects change. But the difference between these concepts is significant, as is the coordination process:
- during reconstruction, the main characteristics of the object change, while redevelopment work only entails a change in configuration (for example, moving a wall within one room, without increasing the area or number of floors of the building);
- obtaining permission for reconstruction occurs within the framework of state construction supervision, while approval of redevelopment in non-residential buildings occurs through approval of the project by the owner;
- During the period of reconstruction, the building or part of it is usually taken out of use, while during redevelopment, work is carried out only in certain rooms.
If the site is undergoing reconstruction, redevelopment is usually also included in the work. For example, during an extension, the configuration of the top floor may simultaneously change. In this case, the safety of the work will be confirmed by an examination and permission for reconstruction, and separate approval of the redevelopment is not required.
Coordination of reconstruction of non-residential buildings and facilities. Questions to the expert.
Soloviev Petr
Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.
Ask a Question
Question to the expert
Hello! If the reconstruction of our facility does not require an examination, can we immediately contact Gosstroynadzor?
Yes, if the Civil Code of the Russian Federation does not provide for an examination for your reconstruction project, you can immediately contact Gosstroynadzor for a construction permit.
Good afternoon If you are held accountable for illegal reconstruction, does it need to be legalized?
Even if a penalty has already been imposed for illegal reconstruction, it is necessary to go through approvals and issue permits. Otherwise, they may be forced to return the object to its original state.
Good afternoon Where can I find designers to prepare a reconstruction project?
You can choose a design organization yourself through advertising on the Internet, through SRO registers. You can order any design work from our company, including reconstruction.
Is it possible to increase or decrease the area of the room?
Reconstruction work may be caused by one of the following situations:
- It is necessary to expand or, conversely, reduce the area.
- Non-residential premises are transferred to the residential category.
- The purpose of the area is changing, which requires design changes.
- Arrangement of new entrances and vestibules.
- Engineering communications are changing.
- The building is worn out or constructed in violation of legal technologies.
Work to reduce or increase the area can only be carried out in non-residential buildings. In MKD such drastic changes are impossible.
Increasing or decreasing the quadrature is carried out according to the following scheme:
- The planned changes are being agreed upon.
- A permit to carry out work is obtained.
Reconstruction cannot begin until permission is received.
Procedure for approval of reconstruction
Obtaining permission for reconstruction allows you to begin construction work on the building. However, the general approval algorithm includes a number of mandatory stages that the customer must go through. Below we will describe the main stages of design and approval.
Development of AGR (if facades are changed)
Each city has its own rules for the architectural and artistic appearance of buildings. Moreover, separate standards may apply to different neighborhoods and areas of a settlement. To confirm that the appearance of the reconstructed building will meet the specified requirements, it is necessary to develop and register an AGR (Architectural and Urban Planning Solution).
The AGR describes the actual state of the facades and architectural appearance of the building, makes photomontages, façade layouts for all streets, describes the characteristics of construction and finishing materials, and color schemes. In the capital, AGR must be registered through MosKomArchitecture. If the submitted materials confirm compliance, a certificate of registration of the AGR is issued. To legitimize the reconstruction, after completion of the work, the compliance of the appearance and layout of the building with the contents of the AGR will be checked.
If facades change during reconstruction, it is necessary to develop and approve an AGR
Development of all sections of 87 PP
If the project involves the reconstruction of a building, the procedure for processing documents must comply with Russian Government Decree 87 (). It contains a mandatory list of sections of the project and the basic requirements for filling them out. A permit for the reconstruction of a non-residential building will be issued if the following sections are completed in the project:
- explanatory note describing the original state of the reconstructed structure;
- sections with architectural, structural, planning and volumetric solutions;
- sections on all engineering systems of the building (electricity, heating, water supply, ventilation, air conditioning, etc.);
- requirements for ensuring access to low-mobility categories of citizens;
- fire safety measures and systems;
- estimates and calculations, construction organization project;
- working documentation.
Each section must include graphic materials (drawings, diagrams, plans). They will be used for reconstruction of non-residential premises and buildings by the contractor. Filling out sections of the project must correspond to the materials and results of engineering surveys and building inspections.
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Obtaining permits for construction and commissioning
Having received the project, the customer submits it for state or non-state examination. This check is carried out in accordance with Art. 49 Civil Code of the Russian Federation. There are a number of exceptions to this norm in which an examination is not required (for example, this is not necessary for objects with fewer than 2 storeys and an area of less than 1,500 sq. m, if they will not be used for production). Our specialists will explain in what cases it is necessary to undergo an examination, and when you can immediately contact the State Construction Supervision Authority and obtain permission to reconstruct a non-residential building.
The expert organization reviews the project, engineering survey materials, and other documentation submitted by the customer. If compliance with construction safety standards is confirmed, a positive conclusion is issued. For verification, experts use Federal Law No. 384-FZ, SP, GOST, SNiP, NPB, and other regulations and standards.
To begin construction work on a reconstructed facility, you must have permission from the State Construction Supervision Authority. To do this, a project, an expert opinion, and other documentation are submitted to the department. The permit will indicate the period within which the customer will be required to complete the work. With permission, reconstruction of the property can be carried out in strict accordance with the project.
To legitimize the reconstruction after completion of the work, the following stages of approval go through:
- you must apply to Gosstroynadzor for permission to commission (the document will be issued after inspections, surveys, and confirmation of safety requirements);
- you need to conclude an agreement with a cadastral engineer in order to receive a technical plan for the reconstructed building (a database of all cadastral engineers is available here);
- to prepare a technical plan, the engineer will study the initial documentation and design for the facility, request cadastral data from the Unified State Register of Real Estate, conduct surveys and measurements of all changes in the premises and building;
- The technical plan is issued to the customer on disk and contains a text and graphic description of the object.
When the reconstruction of the building is completed, the technical plan must be submitted to Rosreestr. The department’s specialists will carry out accounting, update the Unified State Register, and add new characteristics of the structure to it. After completing the accounting procedure, a USRN extract is issued. Registration in Rosreestr is also necessary in cases where it is necessary to legitimize reconstruction carried out without the permission of Gosstroynadzor.
Expert commentary. If a building is being reconstructed, the technical plan can only be obtained through a cadastral engineer. It is important to choose this specialist correctly in order to avoid problems and difficulties when contacting Rosreestr. Our company’s engineers have many years of experience in preparing technical and cadastral documentation for building reconstruction. You can learn more about our services and work during a free telephone consultation.
Permission to commission is issued by Gosstroynadzor after checking compliance with the project
Reconstruction restrictions
When constructing and reconstructing objects, restrictions and prohibitions must always be taken into account. They can be specified in regulations, SP and SNiP, urban planning documentation of a region or locality. The presence of some restrictions will require additional approvals or costs from the customer. We will discuss some of the difficulties in coordinating reconstruction below.
Letter F on PZZ
When receiving the GPZU, the main parameters of the site are indicated, including the types of permitted land use. They are taken from local land use and development regulations (LRU). In the PZZ, individual plots or blocks may be marked with the letter “F”. This means "conservation land use zone". If such a designation is available, it is impossible to obtain permission to add new parts of the building or for a number of other works during reconstruction.
To bypass the presence of the letter “F”, it is necessary to make changes to the PZZ. This is difficult to do, since it is necessary to prepare draft changes to the rules and hold public hearings. Therefore, it may be more profitable for the building owner to choose other design solutions. The designers of our company will provide assistance with this.
For the safety of work during reconstruction, the project provides for measures to strengthen the load-bearing structure and erect additional supports and beams
Alien land
If you are going to reconstruct a building, the registration procedure involves obtaining permission from the land owner. If the building and the site are owned by the same person, there are no problems with obtaining permission. For a rental building, permission must be granted by the landlord (for example, the City Property Department or a commercial entity). It is impossible to oblige the owner or lessor to give permission for construction work, so you will have to negotiate.
Large number of building owners
Taking into account the rules stated above, consent for reconstruction must be obtained from all rights holders of the building. To do this, a written document is drawn up, which describes the composition and content of the upcoming work, and a list of future changes to the structure. If at least one of the copyright holders refuses to give consent to the reconstruction, further appeal for examination and to the State Construction Supervision Authority is useless.
Expert commentary. Even if the limitation cannot be eliminated, experienced designers will always offer alternative work options and solutions. For example, if it is impossible to make an extension due to the presence of a protective zone on the site, you can build a similar area in the form of an additional floor. With the help of our experts, you will not only be able to eliminate restrictions and complications, but also save time and money during approvals.
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Rules for obtaining a permit
A permit for the reconstruction of a structure is a legal document containing the following information:
- FULL NAME. applicant or name of the organization (if requested by a legal entity);
- serial number assigned by the competent authorities;
- the date when the act was signed;
- address of the actual location of the object;
- name of the object to be modernized (full compliance with the name specified in the agreed documentation);
- validity period of the permit;
- signature of the official who issued the certificate;
- seal of the self-government bodies that issued the consent.
Any error in the document for alteration makes it invalid and prohibits the construction and reconstruction of the structure.
Illegal reconstruction and what happens
Reconstruction will be declared illegal if the following circumstances are revealed:
- lack of consent of all property owners;
- lack of design documentation, expert opinion, construction permit;
- deviations from the requirements of the project, construction permits, federal regulations, standards (if these deficiencies are identified, it is impossible to obtain permission to put into operation);
- deviations from the provisions of the GGR (if necessary);
- failure to comply with the restrictions and prohibitions specified in the GPZU.
This is not a complete list of cases when they can be held accountable for illegal reconstruction. Specialists from Gosstroynadzor and other supervisory agencies can identify violations. Sanctions for illegal reconstruction are provided for in Art. 9.5. Code of Administrative Offenses of the Russian Federation. Organizations face a fine of 500 thousand rubles. up to 1 million rubles In some cases, the violator may be required to return the structure and its parameters to their original condition.
Also in Art. 9.5. The Code of Administrative Offenses of the Russian Federation has a number of other grounds for holding people accountable. For example, the owner or contractor may be fined for violating the deadlines for submitting notifications about the start of construction work or about their completion. To avoid problems with the imposition of fines, timely complete design and other documentation in a reliable company. From us you can order the design and approval of turnkey reconstruction, from engineering surveys to obtaining an extract from the Unified State Register of Real Estate.
Example and sample of reconstruction approval our cases
We invite you to familiarize yourself with examples of reconstruction documents prepared by our specialists. These documents successfully passed the approval of the examination and the State Construction Supervision Authority, and the customer received permission to reconstruct a non-residential building and put it into operation.
Sample 1. A positive expert opinion was received for the reconstruction of a non-residential building.
Sample 2. Permit to put into operation after reconstruction of a fitness center was successfully obtained.
Cost and approval price for reconstruction
GPZU, permission from the State Construction Supervision Authority for the reconstruction of a non-residential building and its commissioning are issued free of charge. Also, you will not have to pay duties and fees when undergoing cadastral registration in Rosreestr. Mandatory expenses of the customer will include:
- carrying out engineering surveys, design;
- obtaining an expert opinion;
- production of technical plan.
By contacting us, you will always receive affordable rates for the production of design and technical documentation without imposing additional services. To agree on prices for work, you need to provide initial information and documents for the object and site. You can find out more about the cost and terms of work of our specialists by calling the numbers listed on the website.
How to register an apartment in a two-flat building
A two-apartment house built according to a ready-made project absolutely does not imply a rectangular building with square windows. Undoubtedly, in such buildings there is nothing superfluous and absolutely non-standard, but this does not mean that the house looks somehow pretentious or banal.
- You must first clarify whether the land plot has been registered with the cadastral register (if the land plot was registered before the entry into force of the RF Housing Code, then it becomes the property of the owners of the land premises);
- Next, you will need to hold a general meeting of all owners of apartments that are located on a specific plot of land - at such a meeting a joint decision is made on the registration of real estate ownership, as well as on the choice of an authorized representative;
- further, the authorized representative of all owners must submit a pre-drafted application to the local municipal governing body;
- after the previous step you will need to submit an application for the formation of a land plot;
- when the cadastral passport for the land plot is ready, you will need to register it (this will be possible to do at the Multifunctional Center);
- Next, you will need to contact the cadastral chamber with the established list of documents.
